City of Brooklyn v. Mackay
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Catharine I. Mackay, from a judgment and order of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 21st day of October, 1896, upon the decision of the court rendered after a trial at the Kings County Special Term.
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Appeal by the defendant, Catharine I. Mackay, from a judgment and order of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 21st day of October, 1896, upon the decision of the court rendered after a trial at the Kings County Special Term. The property sought to be condemned by this proceeding was a lot or piece of land and land under the waters of New York bay in the thirtieth ward of the city of Brooklyn on the westerly side of the Shore road between Bay Ridge avenue and Seventeenth street.
1Opinion of the Court
Goodrich, P. J.:
This is a proceeding by the petitioner for the condemnation of land, riparian rights and land under water for the purpose of the Shore drive.
The land in question belongs, to the defendant, Catharine I. Mackay, who, being owner of the upland, obtained a grant from the Land Commissioners, in 1895, of that portion of the land in question which was below high-water mark.
One Wardell was the owner of an adjacent plot of upland on the north side of the Mackay plot, but he never obtained a grant from the Land Commissioners.
*106Previously to 1872 the grantors of Wardell had erected a dock…
2Cases cited1 opinion
- Wetmore v. . the Brooklyn Gas Light Co.New York Court of Appeals · 1870
3Cited by10 opinions
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- Jenks v. MillerAppellate Division of the Supreme Court of the State of New York · 1897
- People v. MouldAppellate Division of the Supreme Court of the State of New York · 1899
- Barnes v. Midland Railroad Terminal Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Silberman v. MayerNew York Supreme Court · 1905
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